Presumption of consent in the echr practice and legal systems: legal models for organ removal for transplantation

Introduction: Post-mortem organ donation is widely used and poses a problem for transplant specialists and lawyers, whose task is to provide legal support for the removal of organs of the deceased. The aim: of the article is the scientific search for the optimal legal model of organ removal for transplantation. Materials and methods: The theoretical base of the research consists of the works of Bonnie F., Dakhno I.N., Erin C., Evans R., Kevorkian J.A., Price D., Richardson R., Reriht A.A. The empirical base includes the results of the opinion poll and the analysis of the ECHR practice. Formal-logical (dogmatic) method, comparative legal method, logical-semantic method, generalization and modelling techniques are used. Conclusions: To improve the legal regulation of transplantation it is necessary to improve the legal literacy; create effective mechanisms to protect the patients' and doctors' rights; increase the information and scientific support of transplantation.